Denial Of Care Home’s Motion To Compel Arbitration Affirmed Absent Capacity To Contract

(March 2, 2023, 12:35 PM EST) -- VENTURA, Calif. — A California appellate court affirmed a trial court’s order denying a nursing home’s motion to compel arbitration after a former resident died and his heirs sued the nursing home for wrongful death and elder abuse, finding that due to an absence of evidence supporting cognitive improvement following his stroke, the man lacked the capacity to enter into the agreement and consent to waive his right to a jury trial....

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